Bars to Adjustment

Adjustment of status allows certain immigrants to become lawful permanent residents without leaving the United States. However, this process is not accessible to everyone due to specific legal restrictions known as “bars to adjustment.” This guide aims to comprehensively list and explain these bars, their implications, and any possible waivers or exceptions.

Understanding Bars to Adjustment

Noncitizens Barred from Adjustment of Status include foreign nationals who: 

  • Are admitted to the U.S.:
    • As Crewman
    • In Transit Without a Visa (TWOV)
    • As a Nonimmigrant Without a Visa under a Visa Waiver Program (ESTA)
    • As a Witness or Informant
  • Are in Unlawful Immigration Status on the Date the Adjustment Application is Filed or who Failed to Maintain Lawful Status Since Entry into the United States Continuously
  • Continue in or accept unauthorized Employment Before Filing for Adjustment.
  • Are deportable Due to Involvement in Terrorist Activity or Group
  • Are Seeking Adjustment in an Employment-based Immigrant Category and Not in a Lawful Nonimmigrant Status
  • Otherwise Violated the Terms of a Nonimmigrant Visa; or
  • Has Ever Engaged in Unauthorized Employment

Despite these bars, there are waivers and exceptions available in some cases. 

Conclusion

Understanding the bars to adjustment is crucial for anyone navigating the U.S. immigration system. This guide provides a starting point, but it’s always advisable to consult with an immigration attorney for personalized advice and guidance. Stay informed and prepared to make the best decisions in your immigration journey.

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